In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001119
Date of Hearing : July 22, 2011
Date of Decision : July 22, 2011
Parties:
Applicant
Shri N. Madhanagopal
No.2/22 Agraharam
Allur
Tiruchi 620 101
The Applicant was present at NIC Studio, Chennai
Respondents
The Public Information Officer
Southern Railway
Headquarters Office
Personnel Branch
Chennai 600 003
Represented by : None
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001119
ORDER
Background
1. The Applicant filed an RTI application dt.5.2.11 with the PIO, Southern Railway, Chennai seeking the
following information:
i) To inform on what basis the ‘Note’ file (proposal for approval) put up as a proposal for
promoting an employee
ii) After getting the approval from the competent authority, how long the ‘Note’ file is preserved.
Shri G.Mohan, PIO replied on 18.2.11 stating that information sought does not fall under the definition
of ‘information’ as given u/s 2(f) of the RTI Act. However, he enclosed the preservation period of
Records related to ‘promotion’. The Applicant filed an appeal dt.9.3.11 with the Appellate Authority
stating that he is neither satisfied nor convinced with the reply. He added that he may be enlightened
clearly about the procedure being adopted in the absence of information sought, not available in
document form. Ms.Sunita Vedantam, Appellate Authority replied on 21.3.11 stating that information
which was available in document form has already been furnished. The request made in the RTI
application and the appeal are hypothetical in nature, hence the same is rejected u/s 2(f) of RTIA
2005. Being aggrieved with the reply, the Applicant filed a second appeal dt.2.4.11 before CIC
requesting the Commission to pass orders to inform the procedure to be adopted if information is not
available in document form.
Decision
2. The Commission on review of the documents on record and after hearing the Appellant directs the
PIO to provide all the documents, communications, file notings available with the Public Authority with
regard to the preparation of note file put up to the competent authority for approval , to the Appellant
so that it reaches the Appellant by 22.8.11 and the Appellant to submit a compliance report to the
Commission by 29.8.11.
3. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri N. Madhanagopal
No.2/22 Agraharam
Allur
Tiruchi 620 101
2. The Public Information Officer
Southern Railway
Headquarters Office
Personnel Branch
Chennai 600 003
3. The Appellate Authority
Southern Railway
Headquarters Office
Personnel Branch
Chennai 600 003
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what
information has not been provided.